scholarly journals Chapter 5. Spain and the European System (1820-23)

2021 ◽  
pp. 166-196
Keyword(s):  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.


2019 ◽  
Vol 16 (5) ◽  
pp. 557-591
Author(s):  
Andri Fannar Bergþórsson

In response to the global financial crisis, the European System of Financial Supervision (ESFS) was created in 2010. Supranational bodies were established for different financial sectors to act as supervisors of sorts for national-level supervisors in EU Member States. This article focuses on how the system was adapted to three EFTA States that are not part of the EU but form the internal market along with EU Member States through the EEA Agreement – Iceland, Norway and Lichtenstein (EEA EFTA States). The aim is to clarify how ESFS has been incorporated into the EEA agreement and to discuss whether this a workable solution for the EEA EFTA States that have not transferred their sovereignty by name in the same manner as the EU Member States. One issue is whether the adaptation has gone beyond the limits of the two-pillar structure, as all initiative and work stem from the EU supranational bodies and not the EFTA pillar.


2002 ◽  
Vol 8 (4) ◽  
pp. 608-623
Author(s):  
Tiziano Treu

Regulation of conflict is not currently part of the European social model. This contribution suggests methods for underpinning the European social model with a robust system of industrial relations. One important issue is that of transnational strikes. The author sets out a number of hypotheses for what might constitute legitimate strike action in European terms. Dispute prevention and settlement procedures should be an important part of a European industrial relations system. Italian legislation on public-service strikes, with its focus on users as well as strikers, is discussed. The Italian model provides useful pointers for a European system, balancing as it does the collective and individual interests of the workers and users involved in labour conflicts.


BMJ ◽  
2011 ◽  
Vol 342 (may19 3) ◽  
pp. d3144-d3144
Author(s):  
J. Wise

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